Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 409

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Criminal Procedure Code (V of 1898)---   ----S. 498---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), S.5(2)---Pre-arrest bail, grant of ---F.I.R. was lodged two years after the alleged incident and such delay in lodging F.I.R. had not been explained, which on the face of it appeared to be mala fide---Possibility existed that during that period, evidence might have been tampered with or exploited by prosecution---Case against accused being that of further inquiry, bail was granted to accused.    Ali Nawaz Ghanghro for Applicant.   Ali AzherTunio, Asstt. A.-G. for the State.   Date of hearing: 7th November, 2001. ORDER The applicant seeks pre-arrest bail in Crime No.13 of 2000 registered at Police Station ACE, Shikarpur of offences under section 409, P.P.C. read with 5(2) Act II of 1947. 2. Briefly the prosecution case is that applicant was Sub Sale Inspector in SASO at Modeji Depot, District Shikarpur and he was said to have committed misappropriation and defalcation of SASO stock and on his handing over charge to Liaquat Ali Siyal on 10-1-1998 it was found that he had misappropriated stock to the tune of Rs.7,75,250 out of which he has deposited from 19-1-1998 to 23-3-1998 to the extent of Rs.2,45,112 and still an amount of Rs.5,30,138 was outstanding against the applicant having been misappropriated by him. 3. A bail application was moved before Special Judge Anti¬-Corruption, Larkana for grant of pre-arrest bail. Initially interim bail was granted but subsequently the same was not confirmed, hence this bail application. 4. I have heard the learned counsel for applicant and learned Assistant Advocate-General at length. It is contended by the counsel for applicant that there are no reasonable grounds to believe that, the applicant has committed the offence as alleged against him because the applicant remained…

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